ELA v. PELLETIER


495 A.2d 1225 (1985)

Chipman P. ELA v. Cyr PELLETIER.

Supreme Judicial Court of Maine.

Decided July 19, 1985.


Attorney(s) appearing for the Case

C.P. Ela, pro se, did not appear.

James A. McKenna (orally), William Stokes, Augusta, for State of Me.—intervenor.

Edward W. Klein (orally), Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and SCOLNIK, JJ.


VIOLETTE, Justice.

The defendant appeals from a judgment entered against him in a small claims action. His sole contention is that he is entitled to a jury trial. We determine that, insofar as it precludes defendants from obtaining trial by jury, the Maine small claims procedure violates article I, section 20 of the Maine Constitution. To remedy this constitutional defect, we hold that any small claims defendant who has a right to a jury trial under article I, section...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases